TERMS AND CONDITIONS

This document contains the terms and conditions under which COHEDA provides its Internet site hosting services (web hosting). In this regard, and in accordance with the current legislation in the United Kingdom, it constitutes a true contract between you (THE CLIENT) and COHEDA which, upon acceptance, will give rise to a series of rights and obligations that will be detailed below.

1. Acceptance by THE CLIENT

Prior to contracting any service, THE CLIENT must accept all the terms included herein as a necessary condition for the provision of the same.

Likewise, it is necessary for the contracting of services provided by COHEDA that THE CLIENT carefully reads and accepts the General Terms and Conditions of the company's website, the Payment Policies, Privacy Policy, and Data Confidentiality Policy.

In this regard, anyone requiring a service provided by COHEDA must adhere to the provisions set forth herein, along with any complementary or accessory guidelines dictated by COHEDA, made known to clients through the website www.coheda.com; and those arising from different legal regulations of national and international order whose application corresponds.

In the event that THE CLIENT does not accept, or disagrees with the provisions of any of the documents indicated in the preceding paragraph, COHEDA shall not be obliged to provide services.

In addition to these terms and conditions, each service or product may provide, where applicable, specific provisions to which those who use such services or acquire such products must adhere. Said documents may complement, modify, or delete part of what is provided herein, in which case the provisions of the former shall apply.

1.1. Legal Capacity to Contract

Only individuals who, in accordance with the current legislation in their place of residence, have the legal capacity to enter into contracts may acquire the services provided by COHEDA. Those lacking legal capacity, as determined by the applicable law, may only contract through their legal representatives, who shall assume responsibility for all actions carried out by the legally incapacitated individuals under their care.

In the context of the United Kingdom, individuals are considered to have full legal capacity upon reaching the age of majority, which is typically 18 years old. However, individuals under the age of 18 may also have legal capacity if they are deemed mature enough to understand and enter into contracts.

If acting on behalf of a legal entity, THE CLIENT must possess the requisite authority to enter into contracts on behalf of the entity referenced and to bind it under the terms of this agreement. Failure to possess such authority, or acting beyond its scope, will result in personal liability being incurred by THE CLIENT.

1.2. Personal Information

For the purposes of contracting services, the information provided by THE CLIENT must be accurate and shall be considered a sworn statement. If the information provided does not reflect the actual circumstances of the individual providing it, such CLIENT shall be considered in breach of this contract and shall be liable for any damages suffered by COHEDA or third parties as a result of such lack of truthfulness.

It is THE CLIENT's responsibility to keep their personal information up to date as necessary, and to inform COHEDA whenever changes occur.

COHEDA reserves the right to request additional proof and/or data in order to verify THE CLIENT's information, as well as the right to temporarily or permanently suspend those clients whose information could not be confirmed.

THE CLIENT shall be responsible for all operations carried out through their personal account and must immediately notify COHEDA through appropriate and reliable means of any unauthorized use of their account, as well as any unauthorized access to it by third parties.

In all cases, and in accordance with COHEDA's Privacy and Data Confidentiality Policy, the personal information provided by clients shall be subject to appropriate treatment and preservation, safeguarding its privacy.

1.3. Revocation of Acceptance

In accordance with the provisions of the current legislation, THE CLIENT shall have a period of ten (10) business days from the date of contracting to notify COHEDA of their unilateral decision to withdraw their request for web hosting services.

2. Acceptance by COHEDA

COHEDA reserves the right to accept or reject, at its sole discretion and without the need to invoke any reason, the requests for services received from potential clients through the web forms created for this purpose. It shall be understood that the request for services has been accepted when THE CLIENT receives, via email, a confirmation of such acceptance from COHEDA. Silence, the absence of notification to the potential client, or the express rejection of the request for services by COHEDA, shall imply that no contract formation exists between THE CLIENT and COHEDA, and therefore there is an absence of any legal effect arising therefrom. The parties expressly waive any judicial or extrajudicial claim that may arise from this circumstance.

2.1. Account Activation

Once the service request has been accepted by COHEDA, THE CLIENT will receive via email the access details and passwords to begin managing their web hosting account immediately.

3. Usernames and Passwords

Once THE CLIENT's account is validated, they will be provided with a username and a password that will allow personalized, confidential, and secure access to their personal web hosting account. The services provided by COHEDA are intended for THE CLIENT's personal use; therefore, the username and password granted by COHEDA for account access may only be used by THE CLIENT and are prohibited from use by any other person. THE CLIENT shall assume the obligation to safeguard and protect their username and account access password, as well as the passwords related to email accounts, FTP accounts, databases, additional users, etc., and shall immediately inform COHEDA if they believe that the confidentiality of such information has been compromised.

4. Web Hosting Services in General

The web hosting service provided by COHEDA constitutes a set of facilities that allow for the storage of information, images, videos, web page files, or any content accessible via the web, on servers specifically designated by COHEDA for this purpose.

The main features committed by COHEDA in its web hosting service include:

COHEDA will make available, via the Internet, the information and files stored by THE CLIENT in the allocated space. Under no circumstances will COHEDA provide connectivity to enable access to the SYSTEM from THE CLIENT's or third parties' respective locations. The Internet access facilities of THE CLIENT or third parties shall remain solely at their discretion and expense, and under no circumstances shall the responsibility for the proper functioning of these services be transferred to COHEDA.

5. Specific Web Hosting Services

The services are divided into different plans according to the features and characteristics offered, which can be selected by THE CLIENT according to their needs.

6. Resource Consumption

The detailed service plans include specific provisions that vary according to each plan. Within these provisions are:

Depending on the plan contracted, THE CLIENT will be guaranteed the storage space included in the plan and will have access to the volume of transfer also described in the plan.

COHEDA will notify THE CLIENT when they approach the contracted storage capacity and/or exceed the monthly transfer volume.

In the event of exceeding the storage capacity, the service will cease to function correctly due to the inability to host new information. Consequently, THE CLIENT will be unable to receive and/or send emails, upload files, and databases will lose their access. Once the excess occurs, THE CLIENT must either reduce storage consumption (by deleting files, emails, etc.) or request a plan upgrade to one with greater capacity (subject to availability).

Notwithstanding the provisions of the preceding paragraph, COHEDA reserves the right to allocate or not allocate additional resources (storage/transfer/bandwidth) depending on their availability. In no case, even if requested by THE CLIENT, will COHEDA be obligated to provide and deliver greater storage capacity and/or greater transfer volume than those included in the plan selected by THE CLIENT.

At all times, COHEDA will manage the available resources considering the appropriate provision to all existing clients in relation to the plan they have contracted. Only when there are sufficient surplus resources will COHEDA allocate them to the client who has expressly or tacitly requested them.

Furthermore, THE CLIENT acknowledges and accepts that certain programs consume an excessive amount of processing capacity and/or RAM memory of the executing equipment. Therefore, THE CLIENT agrees and understands that when sharing a given server with other clients, COHEDA will have the authority to determine at its own discretion what constitutes excessive use. In the event that COHEDA detects that THE CLIENT and/or third parties have installed files or programs in their rented space that imply an overconsumption of server resources to the detriment of other clients sharing that server, COHEDA will contact THE CLIENT and the latter must take the measures indicated by COHEDA within the specified timeframe, which may involve the removal of one or more files or programs. Otherwise, COHEDA shall have the authority to suspend the contracted services and/or take necessary measures to address the situation indicated.

7. Acceptable Use Policies (AUP) for Web Hosting Services

The services offered by COHEDA may be used by THE CLIENT exclusively for lawful purposes. It is expressly prohibited to transmit, store, publish, or display information that violates the provisions of the current legislation, infringes upon the rights of third parties, or promotes any activity contrary to morality and good customs, whether directly or through the presentation of links to other websites.

7.1. Prohibited Use of Services

In accordance with the foregoing provisions, any use of the services that directly or indirectly results in infringing upon the rights of third parties, contravening the legal order, or constituting offensive behavior to public decency, shall be deemed as Prohibited Use of the services, as it violates the purposes for which they were provided.

Prohibited Use shall include, among others, the fixation, dissemination, and reproduction of information, expressions, messages, photographs, images, computer files, links to web pages, and any other element, current or developed in the future, that:

7.2. Proper Use of Email Service

The CLIENT agrees to use the provided email service within a reasonable framework, without engaging in abusive use. Abusive use includes, among other things: I) actions that harm third parties or affect the quality of service provided by COHEDA; II) the use of the virtual mail server and email addresses for spamming, spoofing, trolling, mailbombing, and/or any other similar purposes. Spam is understood as the mass sending of unsolicited emails, regardless of the characteristics of their content (advertising, propaganda, sales, information, etc.).

Except with express consent from COHEDA, all mass emailing, whether requested or not by recipients, regardless of its content, is prohibited. Mass emailing is understood to occur when a user sends 100 or more emails within 60 minutes and/or when they send 1000 or more emails in a single day.

Additionally, and provided COHEDA's consent is obtained, in communications for direct advertising purposes, the sender must include a notice informing the data subject of their rights to withdraw or partially or totally block their name from the database.

THE CLIENT may not use COHEDA's communication resources, including falsified sender data, to impersonate another person or falsify authorization to act on behalf of others or COHEDA. All messages transmitted via COHEDA must correctly identify the sender; THE CLIENT must not: alter the origin attribution of email messages, use or contain invalid domain names or those belonging to third parties, include any other information or procedure intended to deceive the recipient regarding the message's origin and/or real content.

7.3. System or Database Violations

Any action or use of devices, software, or other instruments aimed at interfering with the activities and operations of COHEDA, as well as with the accounts or databases of other clients, is unlawful. Any intrusion, attempt, or activity violating or contravening laws regarding: computer crimes, confidentiality of information, personal data protection, inviolability of communications, intellectual property, and/or the prohibitions stipulated in this document, shall render the responsible party liable to legal actions and sanctions provided for in this agreement.

7.4. Intellectual Property of Third Parties

THE CLIENT shall not, under any circumstances, through the use of any of the services provided by COHEDA, carry out actions that involve the violation of the rights comprising the intellectual property of third parties. In this regard, the fixation, dissemination, and reproduction of material protected by copyright, by a patent, by a utility model, by trade secret, etc., without the express authorization of the rights holder, shall be considered PROHIBITED USE, and shall fully hold THE CLIENT who has infringed such rights responsible for all damages suffered by the rights holder, keeping COHEDA indemnified from any damage suffered as a result of claims filed by the infringed intellectual property rights holder.

7.5. Collective Management Societies

COHEDA also informs THE CLIENT that the inclusion of music on websites, as well as the inclusion of musical works for online reproduction on the site or for downloading, necessarily requires the payment of corresponding copyright fees, collected in the case of the United Kingdom by the appropriate collective management societies, such as the Performing Right Society (PRS) and the Mechanical-Copyright Protection Society (MCPS), among others, without prejudice to the authorization or license from the author in the case of downloading copies of musical works. Similarly, when the work included on the site for the aforementioned purposes is a phonogram or a videogram, the payment of the respective fees to the appropriate collective management societies, such as the Phonographic Performance Limited (PPL), would be required.

7.6. Non-compliance with AUPs

Without prejudice to legal actions brought by COHEDA or third parties, when the use of the services carried out by THE CLIENT may be deemed by COHEDA as PROHIBITED USE, COHEDA will take measures it deems appropriate in its sole discretion, reserving the right to remove the content of THE CLIENT's website or make it inaccessible to third parties from the moment it deems that there is unauthorized information under this agreement or current regulations, subsequently notifying THE CLIENT. In the event that it is demonstrated that the hosted content does not infringe the provisions of this agreement, COHEDA will restore such information without implying any obligation to respond for damages.

THE CLIENT's failure to comply with the provisions of these AUPs will also give COHEDA the right to unilaterally terminate the provision of the service, without prior notice or right to any compensation towards THE CLIENT.

8. Changes and Modifications

COHEDA may introduce any changes and modifications it deems appropriate at its sole discretion to these terms and conditions, and/or to the services and/or the manner in which they are provided, at any time and without prior notice, simply by publishing the changes made on the website www.coheda.com. For this purpose, THE CLIENT must periodically visit said website and become aware of the modifications. If THE CLIENT does not agree with the modifications, they must communicate their rejection via email within 10 days of their publication on the website or of receiving the communication from COHEDA; in such a case, the relationship will be dissolved, and their account will be terminated. If the 10-day period expires without THE CLIENT expressing their rejection, it will be considered that they have accepted the changes without reservation.

9. Availability of Web Hosting Services

COHEDA makes its best efforts to maintain and improve the quality of its services; however, it does not guarantee the continuous and uninterrupted provision of its services. The computer systems on which web hosting services depend may occasionally be unavailable due to technical difficulties, connectivity issues, or any other circumstances beyond COHEDA's control. THE CLIENT acknowledges and accepts that the viewing and access to the websites, applications, and/or files hosted in the space leased to COHEDA are only possible thanks to the infrastructure of resources provided by third parties such as internet service providers, software and hardware providers, interconnection nodes, data carriers, electricity providers, etc., over which COHEDA has no control. In light of this, THE CLIENT expressly waives any claim for damages based on COHEDA's subjective or objective liability for failures, slowness, and/or errors in accessing and using the service due to connectivity problems, communications, failures or breakdowns in computer systems, or other possible contingencies.

COHEDA will also not be liable in case of service interruption or deficiencies in its provision when it is a consequence of:

9.1. UPTIME

Notwithstanding the provisions stated in the preceding section, COHEDA will strive to achieve under normal conditions a monthly availability of 99% of its service. This level of availability is on a monthly average and will be calculated and determined exclusively by COHEDA's monitoring systems or third parties contracted by COHEDA. In the event that the indicated level is not reached due to circumstances directly and immediately attributable to COHEDA, THE CLIENT shall, upon request, be entitled to a credit on the service fee for the month following the one in which an uptime of less than 99% is recorded. This credit will be calculated based on the actual recorded uptime, and in no case will it exceed a deduction of 5% from the monthly payment for the contracted services.

9.2. Scheduled Maintenance Tasks

Occasionally, COHEDA may temporarily interrupt the storage of Information on its Servers or its availability to Internet users for security reasons or for restructuring COHEDA's computing resources aimed at improving its storage services and making Information available over the Internet. In such cases, COHEDA will endeavor to minimize the impact of such interruptions on THE CLIENT. COHEDA will not be liable for any damages caused by such interruptions if they have been communicated to THE CLIENT in advance.

10. Backup Services

COHEDA informs THE CLIENT that, given that information and other files are stored on computer systems, these systems may collapse or fail under certain conditions or as a result of certain actions, leading to total or partial loss of THE CLIENT's information and files. Consequently, THE CLIENT expressly acknowledges that the use of the service is at their sole risk, assuming full responsibility for periodically making backup copies of the files and/or information stored in their account. COHEDA will not be liable in any case for losses resulting from the deficiency or absence of backup copies.

Without prejudice to the obligations assumed by THE CLIENT, COHEDA will endeavor to perform its own backup copies, but in no case does it guarantee the total replacement of the information and/or files in THE CLIENT's account.

VPS and VPS Cloud plans do not offer a backup service; THE CLIENT is responsible for making their own backup.

Due to technical limitations, cloud services cannot be degraded.

Shared hosting accounts with more than 200 thousand files or with storage usage exceeding 100 GB will not be backed up.

11. Responsibilities

11.1. Warranty of Lawfulness

COHEDA does not conduct audits on the content of THE CLIENT's website(s) hosted on its servers. Consequently, THE CLIENT warrants that under no circumstances will the data hosted on the server contain material that affects the rights or guarantees of third parties, as recognized by the laws of the United Kingdom, whether personal, extremely personal, patrimonial, or any information considered prohibited according to the terms of this contract.

11.2. Responsibility for Hosted Material

THE CLIENT declares to be the sole and exclusive responsible party for all the information published through COHEDA's services, as well as for all activity generated on their website. THE CLIENT guarantees that they are the owner of the stored information or, in any case, have the corresponding authorization to disclose the Information over the Internet. COHEDA will not be jointly, severally, collectively, or alternatively liable as a result of the violation of third-party rights, for the material and/or information existing on THE CLIENT's website(s).

The responsibility for the data, files, or programs hosted by THE CLIENT on the server is exclusive to THE CLIENT. In the event of any action that could lead to legal sanctions, COHEDA may terminate this contract.

11.3. Responsibilities in Electronic Communications Management

Given that the services provided by COHEDA include functionalities such as email, spam filtering (anti-spam filter), redirection of email addresses, or, where applicable, hosted sites may include communication facilities such as instant messengers, electronic message centers, communications via private electronic messages, among others, and without this list implying limitation, THE CLIENT acknowledges and accepts that COHEDA will have the ability to monitor messages that, under any of the suggested forms, may occur in relation to communications directed to THE CLIENT, or from THE CLIENT to third parties. In this regard, THE CLIENT expressly authorizes, with irrevocable character while the contractual relationship remains in force, to monitor, supervise, intervene, suspend, or interrupt its electronic communications for the purpose of filtering spam, email incorporating any computer virus or harmful code, spyware, malware, or any other type of circumstance that is initially identified as dangerous, potentially dangerous, or unwanted by COHEDA, as well as for carrying out maintenance or updating tasks of hardware or software.

Given the nature of the tasks to be performed, COHEDA commits its best effort to adequately fulfill them; however, it does not guarantee that such tasks will completely eliminate spam email, viruses, or other flagged circumstances, nor does it guarantee that in carrying out these tasks, legitimate or desired electronic communications by THE CLIENT may not be affected.

12. Penalties. Suspension/Interruption of Service

Without prejudice to other measures deemed appropriate, COHEDA will warn, temporarily suspend, or definitively disable THE CLIENT's account if:

a) Any law is violated, the rights of a third party, public order, morality, and good customs, or any of the stipulations of this contract, or the stipulations published on the website www.COHEDA.com, relating to the services provided.

b) An authority informs COHEDA that the content of the information published by THE CLIENT could be illegal or harmful to the interests of third parties; COHEDA reserves the right to suspend the service without prior notice.

c) A third party informs COHEDA that the content of the information published by THE CLIENT affects their rights.

d) THE CLIENT fails to comply with its commitments.

e) If, at COHEDA's discretion, there is fraudulent or deceitful behavior or acts.

f) THE CLIENT's identity cannot be verified, or any information provided by them is incorrect.

13. Payment and Billing for Services

THE CLIENT will pay COHEDA the subscription charges - if any - and the monthly charges, collectively referred to as the Price. Subscription charges may be billed from the date of signing this agreement. The obligation to pay the charges is independent of THE CLIENT's use of the service.

13.1. Timely Payment

In order for payment to be considered timely, invoices issued by COHEDA must be paid by THE CLIENT before their respective due dates. Any claim regarding the billed items must be raised by THE CLIENT before the due date of the invoice in question.

13.2. Non-Payment

Failure to pay any invoice on time will automatically put THE CLIENT in default, without the need for any further notice. Such default will incur an interest of 1% per day on the outstanding amount until the debt is settled.

Furthermore, the failure to pay any charges attributable to THE CLIENT will empower COHEDA to terminate this contract by canceling all services provided. The termination of the contract for this reason will not release THE CLIENT from the sums owed at the time of such termination.

13.3. Price modifications and validity

Changes to the Price will be communicated to THE CLIENT by publishing the new price on the corresponding payment vouchers, which are sent by email to THE CLIENT. This notification will be sent 15 days prior to the implementation of the new price. THE CLIENT may choose to continue or terminate the provision of services. Payment of at least one (1) invoice that includes the new price will imply that THE CLIENT has accepted it without reservation, and no refund can be claimed.

14. Jurisdiction and Applicable Law

This agreement will be governed in all its aspects by the laws in force in the United Kingdom. Any dispute arising from this agreement, its existence, validity, interpretation, scope, or compliance, shall be submitted to the ordinary courts of justice of the United Kingdom with jurisdiction in London.

15. Notifications between the Parties

15.1. From THE CLIENT to COHEDA

All notifications from THE CLIENT to COHEDA regarding the contracted services must be made by reliable means to:

12 Pamlion Court, Crouch Hill, London N4 4AL UK, or by email to: support@coheda.com

15.2. From COHEDA to THE CLIENT

All notifications from COHEDA to THE CLIENT regarding this contract and/or the services provided must be made in writing and sent either by regular mail, fax, or email, at COHEDA's discretion, using the most updated addresses and contact information for THE CLIENT available to COHEDA. It shall be THE CLIENT's responsibility to notify COHEDA of any changes to their contact details. For THE CLIENT's greater security, notifications of changes in contact information must be sent to COHEDA in writing, via regular mail, fax, or email.

16. Partial Invalidity

In the event that any clause or clauses of this contract become invalid, illegal, or unenforceable under any legal provision, they shall be deemed ineffective to the extent necessary, but otherwise, this contract shall remain in full force and effect.

Last Terms and Conditions Date: March 06, 2024.